Borough of Brookhaven, PA: Public Fire Safety Official.

§ 244.01 Creation of office of Fire Marshal; duties.

[Ord. 81, passed 6-14-1954]

There is hereby created the office of Fire Marshal in and for the Borough. The duties of the Fire Marshal shall conform in all respects with the laws of the Commonwealth.

§ 244.02 Appointment and compensation of Fire Marshal.

[Ord. 646, passed 4-3-2000]

(A)

Council shall appoint a person who is a resident of the Borough and/or a member of the Fire Department to fill the office of Fire Marshal within the Borough and shall, from time to time, fix the amount of compensation to be paid to the Fire Marshal.

(B)

The position of Fire Marshal is designated as a major untenured policy-making or advisory position for purposes of unemployment compensation under state law.

§ 244.03 Additional duties.

[Ord. 574, passed 6-14-1993]

The Fire Department and its membership are authorized by Council to perform the following duties in addition to the normal firefighting, rescue and emergency medical duties:

(A)

Participation in drills, practices, training sessions and pre-fire planning activities authorized by the Fire Chief and supervised by a qualified instructor;

(B)

Participation in community celebrations, ceremonial observances and funerals for deceased firefighters or other public figures where such attendance is deemed appropriate and authorized in writing by the Fire Chief;

(C)

Performing duties necessary to prepare the fire station for use as a polling place for primary and general elections. This is extended to include like services performed at other municipal or school district buildings for said elections;

(D)

Preparation for and responsible participation in parades, provided that attendance has the prior written approval of the Fire Department and written notice is provided to the municipality prior to the event;

(E)

Any public service functions performed for the welfare of the community as long as these activities are responsibly supervised and are sanctioned by the Fire Department and written notice is provided to the municipality prior to the function;

(F)

Any and all public safety activities undertaken by the Fire Department to render care to the injured, prevent loss of life, provide comfort and security to victims and limit or prevent damage to or loss of property as circumstances may dictate;

(G)

Rendering assistance to police officers where such aid is specifically requested or is done without request to protect residents from imminent danger;

(H)

Participation in fire prevention inspections, post-fire investigations, bomb searches and evacuation drills;

(I)

While participating in public programs to promote health and safety, to enlist new members, solicit community support or conduct fund-raising activities as long as the activity is specifically sanctioned by the Fire Department with written notice to the municipality prior to the activity or event;

(J)

Safely and responsibly performing maintenance and remodeling work on Fire Department vehicles, buildings, grounds or equipment; and

(K)

Performing such other duties necessary for the efficient operation of the volunteer services as may, from time to time, be assigned by Council or the officers of the Fire Department.

§ 244.04 User fees.

[Ord. 761, passed 7-2-2012; amended 10-3-2022 by Ord. No. 826]

(A)

The Brookhaven Fire Company is hereby empowered to create and initiate user fees for the delivery of fire and rescue services, personnel, supplies and equipment to the scene of emergency incidents in Brookhaven Borough. The rate of user fees shall be limited to that which is usual, customary and reasonable for the provision of such services in Delaware County.

(B)

The aforementioned user fee shall be filed against the motor vehicle insurance of the recipient of emergency services, representing an add-on cost of the claim for damages of the vehicles, property and/or injuries. In the event services are required relating to utilities causing safety hazards to highway areas, and if such areas are deemed unsafe by emergency responders, user fees shall apply to the utility whose equipment related problems gave rise to the need for an emergency services response. Claim costs shall be filed to the insurance coverage of the owner of a vehicle or property, or other responsible party, as the case may be.

§ 244.05 Public Fire Safety Official.

[Ord. 777, passed 9-8-2014]

(A)

Creation of office. The office of Public Fire Safety Official is hereby created by the Borough Council (the "Council") of the Borough of Brookhaven (the "Borough"), subject to the right of the Council to abolish said office at any time by ordinance.

(B)

Appointment, term of office and removal.

(1)

The Public Fire Safety Official shall be appointed at each reorganization of Council by a majority vote of all members of the Council and shall serve through the subsequent organization; provided, however, that an individual may be appointed as Public Fire Safety Official at another time if there is a vacancy in the office. The Public Fire Safety Official shall report to the President of the Council and to the Chairperson of the Brookhaven Borough Fire Committee and will also report to the Brookhaven Fire Company's Chiefs Committee, Brookhaven Fire Company President and Chairperson of the Board of Governors.

(2)

The Public Fire Safety Official shall serve at the pleasure of Council and may be removed at any time by a majority vote of all members of the Council. The Public Fire Safety Official may be removed without cause. At least 14 days before such removal is to become effective, the Council shall furnish the Public Fire Safety Official with a written statement setting forth its intention to remove him or her. Likewise, the Public Fire Safety Official shall furnish the Council, at least 14 days before resigning, with a written statement setting forth his or her intention to resign. Council shall not be required to provide prior notice should it decide not to reappoint an individual to the office of Public Fire Safety Official at the expiration of any term.

(C)

Qualifications. The Public Fire Safety Official shall have the following qualifications:

(1)

SR 60 Offensive Service Level A: Firefighter 1-Pro Board Fire 1; Firefighter 2-Pro Board Fire 2; Vehicle Rescue Technician Certification; Hazardous Material Operations Certification with current refresher; NIMS 100, 200, 700, 800; Emergency Vehicle Operator Course; Truck Company Operations; Rapid Intervention Course; Pump Operations 1 Certification; Pump Operations 2 Certification; Fire Officer School or Training; Current CPR-AED Certification; and EMR or EMT Current Certification;

(2)

Knowledge of modern fire prevention practices and procedures as they apply to fire and life safety in homes and businesses; the policies, procedures and SOG of Brookhaven Fire Company; and residential and commercial building construction;

(3)

A minimum of five years driving experience on engines, rescues and ladders;

(4)

A high school diploma or equivalent;

(5)

A valid state driver's license;

(6)

The ability to communicate effectively and maintain composure and respond properly during emergencies; and

(7)

A letter from his or her physician declaring he or she is fit for firefighting duties.

(D)

Salary. The Public Fire Safety Official shall receive such compensation as shall be established, from time to time, by the Council by resolution.

(E)

Powers and duties. Subject to recall by ordinance, the authority and duties of the Public Fire Safety Official shall include the following:

(1)

Develop and administer a smoke detector assistance program;

(2)

Develop public fire safety plans for residents;

(3)

Conduct pre-planning in commercial businesses, schools and similar entities in the Borough;

(4)

Provide assistance in fire safety planning in schools and day cares;

(5)

Provide fire safety programs for the aging;

(6)

Patrol and enforce no parking fire lanes and snow emergency enforcement;

(7)

Assist the Fire Marshal as needed;

(8)

Assist with snow removal on Brookhaven Fire Company property and the Borough Municipal Center;

(9)

Assist Brookhaven Fire Company with daily maintenance of apparatus and property;

(10)

Answer fire calls dispatched to Brookhaven Fire Company;

(11)

Provide a monthly job report of daily duties; and

(12)

Perform related duties as assigned.